Category Archives: Adjustment of Status

Adjustment of status under section 245(i)

Matter of Muhammad Imran BUTT, Respondent Decided April 19, 2013 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Cite as 26 I&N Dec. 108 (BIA 2013) Interim Decision #3779 (1) For purposes of establishing eligibility … Continue reading

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Marriage Fraud Doctrines.

This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were … Continue reading

Posted in Adjustment of Status, Immigration Marriage Fraud Amendments Act of 1986, Immigration Marriage Fraud Amendments of 1986, Marriage Fraud | Leave a comment

Adjustment of Status to Lawful Permanent Resident. Precedent Decisions Pertaining to Adjustment of Status

Arriving Aliens Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009) Under 8 C.F.R. §§ 245.2(a)(1) and 1245.2(a)(1)(ii) (2009), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status, with the limited … Continue reading

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Matter of Sesay: K-1 Fiancé(e) Who Timely Married Petitioner May Adjust Status Even If Marriage Has Ended, BIA Holds

The Board of Immigration Appeals held in Matter of Sesay, 25 I & N Dec. 431 (Mar. 17, 2011) that (1) under INA § 245(d) [8 USCA § 1255(d)] (2006), a fiancé(e) visa holder can only adjust status based on … Continue reading

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Approval of Petitions and Applications after the Death of the Qualifying Relative

U.S. Citizenship and Immigration Services Office of the Director December 16, 2010 PM-602-0017 Policy MemorandumApproval of Petitions and Applications after the Death of the Qualifying Relative The DHS had determined that if the petitioner died before a case was complete … Continue reading

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